Case Note & Summary
The petitioner, M. Santhakumari, filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the order of the Revenue Divisional Officer, Illuppur, dated 19.12.2024, and to direct retention of patta in her name for Survey No. 21/2 at Melapudhuvayal Revenue Village, Kulathur Taluk, Pudukkottai District. The petitioner contended that the impugned order was passed in violation of principles of natural justice, as no opportunity was given to her before the order was made. However, during the hearing, the petitioner fairly submitted that she had already filed a review application before the first respondent, the District Revenue Officer, on 06.01.2025, challenging the same order, and that the review petition and an interlocutory application for stay were pending. The Court noted that once an efficacious alternative remedy under the statute had been availed, it would not be appropriate for the writ court to entertain the writ petition under Article 226. Accordingly, the writ petition was disposed of with a direction to the District Revenue Officer to take up the interlocutory application for stay, hear the parties concerned, and dispose of it within three weeks from the date of receipt of a copy of the order. The main review/revision was directed to be disposed of within eight weeks from the date of receipt of a copy of the order. No order as to costs was made, and connected miscellaneous petitions were closed. The judgment does not decide the merits of the challenge but ensures expeditious consideration of the pending review proceedings.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternate Remedy - Constitution of India, Article 226 - The petitioner challenged a patta cancellation order on grounds of natural justice violation but had already filed a review before the District Revenue Officer. Held that once an efficacious alternate remedy is availed, writ petition is not maintainable, and directed expeditious disposal of the pending interlocutory stay application and the main review within specified timeframes. (Paras 2-3)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India should be entertained when an alternative statutory remedy of review is pending.
Final Decision
Writ petition disposed of with directions to District Revenue Officer to decide stay application within three weeks and main review within eight weeks; no costs; connected petitions closed.
Law Points
- Writ jurisdiction
- Alternate remedy
- Principles of natural justice
- Disposal of interlocutory application
- Article 226
